» case law

Providing Reasonable Accommodations to a Disabled Employee

The American Disabilities Act (“ADA“) requires employers to provide reasonable accommodations to disabled employees. Employers are legally required to engage in an interactive process with the disabled employee to identify potential accom… Read More
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Mary Cataldo Featured in North County Lawyer

Mary Cataldo, a partner at White and Bright, LLP, was featured in the October/November 2022 Issue of North County Lawyer. Cataldo’s article, Penal Code Section 496(C) and Treble Damages in Probate Actions, explores the implications of the recen… Read More
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Employee Accommodations: A Primer

The Americans with Disabilities Act (“ADA”) requires employers to reasonably accommodate the disabilities of their employees. The regulations outline a four-step interactive process that an employer must take to accommodate a disabled employee. Read More
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Recent Court Ruling on Judgment Creditors’ Rights to Obtain Production of Documents from Judgment Debtors Over Objection of Privacy Rights of Third Parties

When seeking to enforce a civil judgment in California, judgment creditors should be aware of the tools available to them to obtain information on the assets and finances of judgment debtors. Under the Enforcement of Judgments Law (California Code of… Read More
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Koontz: A Valuable Weapon Against Government Sponsored Extortion

The U.S. Supreme Court decided a case which bolsters the rights of property owners against government agencies who impose “extortionate” demands or development fees. The opinion was issued on June 25, 2013 in the case of Koontz v. St. Johns River… Read More
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Tax Exempt Organization? Watch Out for Adverse Possession

Adverse possession is often cited as a very narrow remedy in California due to the challenges in showing payment of property taxes. While California has a very short five year time period to acquire property by adverse possession, it famously require… Read More
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Interpretation of “Best Efforts” Clauses in Real Estate Contracts

What standard of care or contractual duty should be applied in order for a party to fulfill a “best efforts” requirement in a contract? This question is a frequently litigated topic in contract dispute cases, including real estate contracts, as..… Read More
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Valuation of an Easement – Appreciation in Value of the Servient Tenement

The recent decision in SCI California Funeral Services, Inc. v. Five Bridges Foundation (2012) 203 Cal.App.4th 549, confirms a new valuation approach for determining damages in the termination of an appurtenant easement. Background of the Case In thi… Read More
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It's Your Obligation to Defend Against A Prescriptive Easement

The recent decision in Connolly v. Trabue (2012) 204 Cal.App.4th 1154, confirms that a property owner must be proactive to take affirmative steps if they want to prevent a prescriptive easement from being established over their property. A frequent t… Read More
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The Agreed Boundary Doctrine Requires an Actual Agreement

The agreed boundary doctrine is very often considered as one of the most straight forward legal doctrines. Essentially, if neighboring property owners agree on the boundary between their respective properties, that boundary becomes the property line,… Read More
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